"The court went on to explain that a claimant can obtain equitable relief under 502(a)(3) in addition to seeking benefits under 502(a)(1)(B) 'only where the breach of fiduciary duty claim is based on an injury separate and distinct from the denial of benefits or where the remedy afforded by Congress under Section 502(a)(1)(B) is otherwise shown to be inadequate' ... The court rejected Rochow's arguments that he had two separate injuries ... [and] explicitly held that the wrongful withholding of benefits was not a zero-sum game, in that increased earnings for LINA did not equate to a loss for Rochow... The lengthy dissent essentially held that breach of fiduciary duty is a separate claim that by definition results in a distinct injury, and therefore supports a distinct remedy." [Rochow v. LINA, No. 12-2074 (6th Cir. Mar. 5, 2015)]  MORE >>